July 2003 Court Reporters Certification Board

Sunset Advisory Commission Summary of Legislation - 78th Legislature 31

Court Reporters Certification BoardStaff Contact: Katrina Daniel S.B. 273 Shapleigh (Dunnam/Hartnett)

Summary

Since 1914, the courts of Texas have identified the need to preserve a record of court proceedings,and have considered court reporters to be officers of the court. In 1977, the Legislature created theCourt Reporters Certification Board (the Board) to regulate the court reporter profession. In fiscalyear 2002, the Legislature appropriated $156,525 to the Board. Agency appropriations were offsetby $303,873 in fees paid into the General Revenue Fund from licensees. The agency currentlyemploys three staff.

The Board’s major functions include:

administering the quarterly court reporter examination and certifying court reporters;

registering court reporting firms; and

processing complaints and taking disciplinary action against certified court reporters and courtreporting firms.

Senate Bill 273 contains all of the Sunset Commission’s recommendations, and several additionalprovisions affecting the Board. Senate Bill 273 continues the Board and enacts several provisionsthat conform the agency’s operations and licencing procedures to standard practices seen in otherregulatory bodies. The legislation also merges the Board into the Office of Court Administrationfor administrative purposes. The list below summarizes the major provisions of S.B. 273, and amore detailed discussion follows.

Sunset Provisions

1. Continue the Court Reporters Certification Board for 12 Years.

2. Conform Key Elements of the Board’s Programs to Commonly Applied Occupational LicensingPractices.

Provisions Added by the Legislature

3. Administratively Attach the Board to the Office of Court Administration.

4. Clarify the Application of Texas Laws Governing Court Reporters.

Court Reporters Certification Board July 2003

32 Summary of Legislation - 78th Legislature Sunset Advisory Commission

Sunset Provisions

1. Continue the Court Reporters Certification Board for 12 Years.

Senate Bill 273 continues the functions of the Court Reporters Certification Board for the standard12-year period to certify court reporters and register court reporting firms.

2. Conform Key Elements of the Board’s Programs to Commonly AppliedOccupational Licensing Practices.

The bill includes seven provisions that bring the Board in line with standard licensing agency practices,consisting of the following.

Requires the Board to define which criminal convictions disqualify an individual from licensure.

Requires the Board to adopt a Court Reporter’s Code of Ethics.

Eliminates onerous complaint filing requirements.

Authorizes the Board to adopt a policy allowing staff to dismiss cases without Board approval.

Authorizes the Board to levy administrative penalties, and requires a penalty matrix in procedure.

Requires the Board to make information available to the public on its Web site or throughemail.

Requires the Board to post information on its Web site regarding conditions that may negativelyaffect certification.

Provisions Added by the Legislature

3. Administratively Attach the Board to the Office of Court Administration.

Senate Bill 273 requires the Board to receive administrative support from the Office of CourtAdministration, while allowing the Board to retain its policy authority in the regulation of courtreporters.

4. Clarify the Application of Texas Laws Governing Court Reporters.

The legislation ensures that Texas state laws governing court reporters and court reporting firms donot apply to firms and court reporters outside of Texas. Because some larger court reporting firmshave branches in Texas as well as other states, concerns arose that Texas laws may affect branches inother states. The bill clarifies that the laws only apply in Texas.

July 2003 Court Reporters Certification Board

Sunset Advisory Commission Summary of Legislation - 78th Legislature 33

Fiscal Implication Summary

Senate Bill 273 transfers the administrative support of the CourtReporters Board to the Office of Court Administration, resultingin a positive fiscal impact of $60,000 to the State over the biennium.The savings are attributable to a reduction of one staff positionand associated costs.

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Court Reporters Certification Board July 2003

34 Summary of Legislation - 78th Legislature Sunset Advisory Commission